gregg: either certainly been a busy day. martha: it has been a very busy day, and prince harry in new jersey to top it all off. gregg, thank you. gregg: i hope he meets snookie while he's there. martha: i do to. "happening now" starts right now. jenna: a credibility crisis in our nation's capitol. the white house now dealing with its third scandal in less than a week as the bipartisan calls grow louder for some serious explanations to say the least, jon. jon: are those explanations coming? the latest controversy raising concerns about whether the feds violated the first amendment. the justice department under fire for secretly obtaining months' worth of phone records from the "associated press" and its employees. the search for the truth about what happened in the benghazi terror attack intensifies with calls for special prosecutors and more subpoenas. plus, the acting head of the irs speaking out on the tax man targeting conservatives and

other groups. but will it ease the growing outrage over what many consider political profiling? it's all "happening now." but first this morning some new details on the latest scandal facing the obama administration. is freedom of the press under attack by our own government? now the demand for answer earns is coming from both sides of the political aisle. good morning to you i'm jon scott. jenna: hi, everybody i'm jenna lee. a bombshell revelation from the "associated press," the news agency says the u.s. justice department seized two months worth of phone records all without its knowledge. we are told the records pertain to both the office and personal lines of several journalists and one editor. the ap says it was not told any sort of reason or given any sort of explanation for the grab, but it believes it has to do with a report on a suspected terror plot disrupted by the cia.

our chief intelligence correspondent catherine herridge is live with more. >> reporter: good morning. the ap made public its letter to attorney general eric holder confirming the seizure of the phone records by the justice department calling it unjustified and overly broad. now ap executives are going on the record. >> when it comes to national security i think the government has every right to investigate, however, when they do they have to do it with a very narrow focus, and this starts to look like it was a lot broader than that. >> reporter: well neither the ap nor the justice department is confirming why the record were seized. fox news is told that it's part of a justice department investigation into the alleged disclosure of classified information, and "associated press" report last may on a thwarted plot by al-qaida in yemen to use an improvised explosive device similar to the one used by umar farouk abdul-mutullab that you see there to attack another u.s. airliner. reporters worked on the story for the "associated press" which is why the seizure of records of so many reporters were troubling

to a former attorney general. in addition we are expecting a news conference later that at the justice department on a separate issue but we can anticipate that eric holder will take questions on the "associated press" issue. back to you. >> they eve haven't told us what they are looking for, nor have they explained why we got no prior notice, which our lawyers tell us is not only customary but is required. >> reporter: again we're expecting the news conference later today at about 1300 eastern. where the attorney general will be speaking on a separate issue, but we can expect he will be take questions related to the "associated press" matter being back to you. jenna: we'll look forward to that. thank you. who. jon: the irs scandal is quickly spreading beyond, quote, low level employees in cincinnati. it how appears high level tax officials at irs headquarters in washington were deeply involved in a targeted program aimed at conservatives. doug mchelway live on capitol hill with more. how high up the i r-rbg irs

scandal go? >> reporter: a lot higher when the head of the division apologized last friday for these mistakes. according to draft reports of the inspector general's report obtained by the "associated press" senior internal revenue service new agents were targeting tea party groups as early as 2011. acting irs commissioner steven miller testified before a house ways and means s*upb committee and was asked specifically about tax exempt groups in a texas doctor is strict they harassed. he responded. we did group those organizations together to insure consistency and quality. we continued to, would the cases, end quote. he made no mention of tea party groups being specifically targeted. listen up. >> if you use constitution, bill of rights, patriot, or tea party you were likely to have a very rough time, where apparently if you used progressive, or move on you were not.

this kind of targeting is what we knew before the election and now we have proof. >> reporter: the house ways and means, government oversight and the senate finance committee all plan investigations. the irs inspector general's report on the matter is expected to be released any day now, jon. jon: there are also indications that in 2010 the chairman much the senate finance committee may have somehow pushed the irs into taking a closer look at conservative groups? >> reporter: there is that possibility. take a look at the letter that senator max balk cus bau kus. it appears he was sending a serious shot across the bow to conservative groups that are seeking tax exempt status. he wrote, i'm quoting. i request that you and your agency survey 501c4, credit a 5 and c6 organizations involved in political campaign activity to

examine whether they are opted for the o*rpbgs's intended tax exempt purpose and to insure that political campaign activity is not the organization's primary activity. >> it appears that was not equitable. back to you. jon: everything sounds a little one-sided. thank you. jenna: turning now to the ongoing benghazi investigation. republicans responding this morning to the president's assertion in the east room yesterday that, quote, there is no there, there to this story, with no one coming out stronger than the man who was for democrats in recent years, perhaps their most frequent target for allegations of abuse of power and scandal. james rosen is live with washington with more on who that person is. >> good afternoon. appearing on hannity last night

former vice president dick cheney called benghazi one of the worst incidents he has seen in his career. mr. cheney spoke in ways that repeatedly recalled the epic political battles that followed 9/11. >> they tried to cover it up by constructing a false story, claiming there was confusion about what had happened in the benghazi consulate. there was no confusion. it was obvious as soon as we got the ambassador stevens on the phone that night and he said, quote, we are under attack. the cover up included several officials up to and including president obama, and the cover up ongoing. >> reporter: mr. cheney of course was himself accused in the wake of 9/11 and the iraq war as he alleged that the obama administration last night of having failed to head security warnings, of having falsified intelligence and so on. he told house republicans last week that they should subpoena former secretary of state hillary clinton to testify again on benghazi. the former secretary widely considered a leading 2016

presidential contender for the democrats already testified for close to 8 hours on benghazi back in january. jenna. jenna: james, the president mentioned that he believes this is politically motivated, and he's not the only one. 0 what are republicans saying today to address that assertion? >> reporter: in essence, jenna what you see now is both sides of the aisle accusing each other of dishonoring the memory of the four americans killed in benghazi last september 11th. at his east room news conference with british prime minister david cameron yesterday president obama spoke on benghazi at length for the first time in some six months, charging republicans with sensationalizing a tragedy for americans overseas in order to smear innocent americans here at home. >> the fact that this keeps on getting churned out, frankly has a lot to do with political motivations. we've had folks who have challenged hillary clinton's integrity, susan rice's integrity. mike mullen and tom pickering's integrity.

it's a given that mine gets challenged by these sames folks. they've used it for fundraising. >> reporter: a leading g.o.p. critic of the obama administration on benghazi and national security in general addressed the president dictly,. >> mr. president, it's not going to go away. this is not a fox news story, this is an american story of four brave americans killed by radical islamists, the thread is growing, you have denied the threat. you've got a political thread and it's running aeu muck through your administration. >> he says he is working to bring the story out of benghazi whistle-blowers from within the via. jenna. jenna: more on the story certainly throughout the day. james thank you. jon: some international intrigue to add to awful the to domestic issues embroiling washington, an american diplomat facing deportation from russia after being detained overnight. ryan fogel seen in the striped shirt is accused of trying to recruit a russian intelligence officer to spy for the cia.

the federal security service in russia says he was carrying equipment, disguises and a large sum of cash when taken into culled. i is a third secretary at the u.s. embassy in moscow. image -gs of the man and the so-calleeupl our state department is scheduled to hold a briefing on the case 12:30 eastern time. jenna: brand-new information coming in on the cruise ship disaster in italy. could other ship officers face criminal charges for the accident that killed 32 people? the latest on today's hearing overseas. plus, as three scandals rock washington what could the ultimate political fallout be for the white house? joe trippi is standing by to give us his take next. copd makes it hard to breathe...

but with advair, i'm breathing better. so now i can help make this a great block party. ♪ [ male announce ] advair is clinically proven to help significantly improve lung function. unlike most copd medications, advair contains both an anti-inflammatory and a long-acting bronchodilator working together to help improve your lung function all day. advair won't replace fast-acting inhalers for sudden symptoms and should not bused more than twice a day. people with copd taking advair may have a higher chance of pneumonia. advair may incrse your risk of osteoporosis some eye prlems. tell your doctor if you have a heart condition or high blood pressure before taking advair. ask your doctor if including advair could help improve your lung function. [ male announcer ] advair diskus fluticasone propionate and salmeterol inhalation powder. get your first prescription free

and save on refills at advaircopd.com.

jenna: new information just into our newsroom today on last year's deadly italian cruise ship disaster. hearings are underway in an italian courtroom right now to decide who will stand trial for this accident that killed 32 people. you may remember the costa concordia ran aground off the coast of an italian island and still remains there where it went down more than a year ago. the captain is charged with manslaughter, causing a shipwreck and abandoning ship. the captain's hraurb says his client feels depressed at the word wide aggression against him. prosecutors are also seeking to charge five other officers in this major accident. >> turning back to washington now in and the three growing scandals rocking the obama administration. benghazi, the irs targeting conservatives and other groups, and now the justice department's seizure of phone records from

the "associated press." so much going on, and while we still don't know all of the facts, what could the ultimate political fallout be for the white house? joe trippi is former campaign manager for howard dean, also a fox news contributor. so if you were advising this white house, joe, what would you tell them to do? >> jon, look they can't be happy that they are talking about -- that this is what they are spending all their time talking about this week. particularly the irs, and this new ap report, where they are getting, you know, bi-partisan support for looking into them. although, frankly, with the irs it's not clear to me at all that they could -- it really is an independent agency with only two political appointees from the obama administration in it, so i think we need to wait and see where these two -- where those two investigations go, because it's far too early with the internal revenue service and the

ap. but, again, it's distracting the president and the administration from the things they really want to get done right now. jon: let's look down the road, the irs is the same agency that the president is going to entrust with your healthcare information because it's going to be in charge of enforcing obama care. >> oh, no, look there is no doubt about it, you know, senator leahy in vermont has come out and said -- that was on the other one, the ap story, but i mean that's the whole problem here, there are two of these right now where there is bi-partisan support. benghazi is a different thi inch thing. it's become so politicized and both sides are throwing barbs at each other. all of them we'll get to the bottom of them over time but we will not get quick answers on any of the three i don't think and that is going to bog the administration down where it doesn't want to be, defense instead of proactively getting its agenda passed. jon: it is hard to sometimes

keep these three pot boilers separate, but for instance in the ap scandal, the attorney general himself, eric holder, president obama's right hand man and the nation's top law enforcement officer, he had to approve, personally, the collecting of these phone records, not only from ap offices, but also from private citizens, for journalists -- from journalists working for the ap. >> that's true. but one of the things that is going on here is the left. a lot of democrats have questioned the pa patriot act from the beginning and the wiretapping of citizens. you know, i mean just sort of the carte blanche that this happened under bush and obama and now for the first time you're seeing, i think, again, liberals like patrick leahy of vermont question what is going on here with the justice department, and with first amendment ap looking at what was

a national security issue here. but that's where all these issues of the patriot act come from, it's we've given up a lot of rights, or sort of opened up some things that we wouldn't have in the name of fighting terrorism, and did the administration go too far here? there will be bi-partisan support for trying to find that out. and did eric holder go too far? there is going to be support from the left and the right to look at this issue. jon: all right. would i be too cynical though in constructing it this way? the ap story apparently stems from the disclosure of a cia operation in yemen. the white house was widely accused of letting that information get out there to burnish its antiterrorism credentials -gs in advance of the election. would i be too cynical that by investigating this leak the white house says, see, it wasn't us? >> are that's what i think the

investigation -- i mean when you start looking at this that will come out, if that's what happened that will come out. i don't think we will get a fast and easy answer to the question, though. jon: in the meantime the election is over, that's for sure. joe trippi, thank you. >> thank you, jon. jenna: an accused killer described as a female james bond facing murder charges nor killing for killing a model. there could be more to this case than meets the eye here, details ahead as her trial is set to begin. plus, you have federal prosecutors investigating a leak reportedly involving national security. what justifies seizing phone hrordz from the "associated press"? a former cia officer joins us with his take on leaks, the intelligence community and the white house, next. what makes your family smile?

backflips and cartwheels. love, warmth. here, try this. backflips and camm, ok!s. ching! i like the fact that there's lots of different tastes going on. mmmm! breakfast i'm very impressed. this is a great cereal! honey bunches of oats. i hear you crunching.

jenna: welcome back. right now news on a story we first brought you yesterday. jury selection about to wrap-up as a long awaited murder trial gets underway. kelly soo-park is accused of killing model julianne a redding five years ago . they claim park was essentially a hitman or hit woman in this case who strangled the young woman in retaliation for her father pulling out of a business deal. she was found dead in her apartment back in 2008, an aspiring actress and had a small role in a movie as well as as appearance in maxim magazine. we'll keep you posted on the trial. jon: a series of potentially explosive scandals engulfing the obama administration. the latest bombshell widespread snooping pwaoeu by the justice department. the government seizing two months of cold front tkepbgs phonconfidential phone records

including office, home and cellphones calls. what were they after? they won't say. eric holder is conducting a criminal investigation to identify the source of the leak to the "associated press,ing" the agency whose records were seizes. holder is required to personally approve any subpoenas of records from news organizations. the leak under investigation revealed details of a cia operation in yemen stopping an al-qaida plot to blow up a jetliner on the way to the u.s. mike baker is a former c irk a covert operations officer and the president of diligence, a global security and intelligence firm. let's go back to with when this plot was disclosed. there was some harm done to american undercover operations in north africa, rao it? >> not just some harm a lot of harm. this was one of the most egregious leaks of information we've seen in years, tprapblg lee. frankly. a lot of people were incensed about this.

what happened was with, yes we disrupted a plot that was happening in yeah even ph, al-qaida in the rabe peninsula the way the information was leaked and the way the white house handledle it basically advising -- we were on top of this thing since april, they basically question is advised aqap we had a source in there. we were working with foreignee lay son 0 on this. they completely screwed the pooch on and ongoing operation. >> we essentially had a guy on the inside in al-qaida that was giving up information about how the plot was going to go down. >> and here is where it starts. you have to stay with it and i know it's tough sometimes. viewers are thinking i don't want to go back to laster kwrao. you have to remember that the election season was looming and we had a lot of things coming out of the white house talking about how tough they were on terror. a ing out of the white house how they were succeeding in the war on terror. some people are saying, this is like benghazi they were trying -- no it's not. the white house leaked a story, they built it out, how we know

what was going on. it never was a danger to america. they had a source, so i think they leaked i it. the djo rather than pulling phone records from the ap reporters which is a very large investigation, once you start pulling a phone record you have all the numbers the phone called you have to start investigating those. rather than doing that take the short list of people with access to that very, very sensitive operation in yemen, it's a short list i guarantee you and you walk up to the people who signed agreements to handle classified information and you say we are going to polygraph you, we are doing an investigation to determine the source of this leak. >> you think this is a fishing expedition by the justice department? and by the way eric holder had to approve personal hraoerp the pulling of those phone records. >> and the white house general counsel. so internally the idea that it didn't make its way up to the president, this is sensitive information. if the about the didn't know about it it's because they were trying to protect him which is really odd but if he did know about it it's more egregious. jon: p the white house gets the

benefit during the early campaign season of appearing tough on terror. we are on top of this case, we know all about al-qaida in the rabe peninsula they are not going to blow up the airplane. they get the benefit of that and then they turn around and investigate who made the leak that benefitted the white house. >> maybe go up to capitol hill for good measure there were a handful of staffers on the read in list for that operation. it's a fairly standard process. it's not rocket science. they don't have to reinvent the wheel. for the doj again to go after the phone records because again you have to think in investigations ha like this when you say we are going to pull the records off of 20 phone lines all of the numbers that the phones have been calling for two months we have to do something with them. you have to start investigating those. it keeps broadening. jon: and they went to personal phones too, cellphones and so forth of the reporters and an editor. >> absolutely. jon: something else. mike baker, diligence, mike, thank you. >> thank you. jenna: new concerns over agreeing trend when it comes to national security. hackers from overseas infiltrating some of the most sensitive computer networks in

our entire country according to new reports. some of the cyber attacks go beyond stealing information, their aim reportedly not espionage but sabotage of the infrastructure that affection us all. the white house dealing with three scandals this morning. we are awaiting a response from the obama administration to all of them, the ap records seized, benghazi, the irs targeting conservatives and other groups. will the american public get some more explanations today. a white house press briefing scheduled ahead. stay with us. thank you. we're not in london, are we? no. why? apparently my debit card is. what? i know. don't worry, we have cancelled your old card. great. thank you. in addition to us monitoring your accounts for unusual activity, you could also set up free account alerts. okay. [ female announcer ] at wells fargo we're working around the clock to help protect your money and financial information. here's your temporary card. welcome back. how was london?

[ female announcer ] when people talk, great things happen. angie's liat angie's list, i autyou'll find reviews. on everything from home repair to healthcare written by people just like you. if you want to save yourself time and avoid a hassle, go to angie's list. at angie's list, you'll find the right person to do the job you need. and you'll find the right person quickly and easily. i'm busy, busy, busy, busy. thank goodness for angie's list. from roofers to plumbers to dentists and more, angie's list -- reviews you can trust. oh, angie? i have her on speed dial. .. [ female announcer ] at jcpenney, we never stop being amazed by you.

how you work so hard without looking like you do. how you make every dollar stretch so far and keep your family so close. so we brought back the things you liked about jcpenney. gave you new things to explore. and now, we're happy to say, you've come back to us. ♪ we're speechless. except for two little words. ♪

jenna: it is after 11:30 east coast time. a fox news alert on three big stories affecting the white house now and the nation. the justice department secretly seizing two months worth of phone records from the offices and journalists of the associated press but the justice department right now will not say why. we're awaiting a justice department briefing coming up shortly. we'll look for answers on that. the acting head of the irs saying in an editorial today, quote, the irs remains protecting the integrity of our nation ace tax system. that has not stopped calls for admissions on the targeting of conservative and other groups. the calls for more answers on benghazi intensifies. some republicans floating the idea that former secretary of state hillary clinton should be subpoenaed to answer questions. she would have to be invited first and denied that

invitation for that to happen. the attack that killed four americans still very much in the focus today. we have senator barrasso coming up next hour with his thoughts on this. jon: meantime the obama administration is expected to address all three scandals less than an hour from now. that is when the white house holds its daily press briefing. wendell goler is waiting there now. wendell, we should certainly expect more fireworks today, huh? >> reporter: jon, the associated press will get the first question at briefing today and whether attorney general eric holder should be fired for seizing records of ap report is which we think was an effort to find out who leaked classified information about a failed al qaeda plot last year. holder is thought to be only person who could authorize the move which the white house says the president didn't know about it. as jenna put it will be a long day for jay carney with new questions about the irs flagging tax-exempt claims by tea party groups and lingering questions about the attack on the benghazi consulate that killed a u.s. ambassador and three other americans.

the ap says it still isn't sure what the justice department was looking for. >> they haven't told us what they're looking for and nor have they explained why we got no prior notice, which our lawyers tell us is not only customary but required. this is not a very narrow cast inquiry. it seems to be very broad and we don't really know what it's about since they haven't told us. >> reporter: reports indicate the irs targeting of tax-exempt tea party groups for extra scrutiny went beyond the cincinnati office responsible for certifying the status. irs officials in washington and california sent inquiries to tea party groups. the white house is legally prohibited from contacting the irs about a tax matter and the president can not fire the head of the group responsible. mr. obama strongly criticized the reports but that has not stopped republicans from criticizing him. >> i think in that sense the president's failing that test of power because he is

extraordinariliry powers and he is supposed to be wise enough to restrain himself. he is using the power of government to investigate his enemies. he is tapping the phones of the press. >> reporter: meanwhile republicans want a joint committee of the house and senate to investigate the attack on the benghazi consulate and the evolution of the talking points that led to the u.n. ambassador saying that it grew out of a protest of an anti-islam movie. the president calls the lingering questions a sideshow with political motivations. some democrats think the republican's goal is to take former secretary of state hillary clinton out of the picture for the 2016 presidential ral race. polls favor her as the democratic nomination if she wants it. jon: jay carney will step to the podium for the news briefing a little less than an hour from now. wonder how you would you like to trade job with him today? >> reporter: couldn't pay me enough. that will be a less than an hour if he is on time. today he is a die he may

well be particularly late. jon: he may have a lot of prep work to do. wendell goler, thank you. jenna: new warnings on computer security, our national security as federal officials say cyber attacks aimed at u.s. companies are on the rise. not just any attacks. apparently the goal of these attacks is not just spying or stealing our intellectual property, instead it is sabotage, sabotage of our vital computer networks tied to our most critical infrastructure. our next guest has vast experience in cybersecurity. he is the former chief information for the u.s. intelligence community and president of the meyer rose group. so, general, this is a big report in the "new york times" and "the new york times" quoting two unnamed senior officials say that the targets of these latest hackings have been some major energy companies but they don't know who's behind the hackings. who do you think, who would you look at first in this situation? >> well i think the usual

cast of characters are the same. whether you're talking about hacking or you're talking about other elements of working against the united states. and, it is fairly certain it is coming from the middle east but you can just about bet that where it appears to come from is not exactly where it is originally coming from. jenna: what does that mean? >> that means they usually try and hide so that it buys them more and more time because once you figure out you have attribution, that may not help you deal with the immediate cyber element but it will help you deal with future cyber elements. they want to remain effective for as long as they can. jenna: what exactly should we fear? in the scenarios being mapped out, major corporations, energy companies, what could be a worst-case scenario? is it rolling blackouts throughout the country that can't be repaired for weeks and months? in fact we have a full screen. we'll pull that up. it shows our infrastructure when it comes to the electric infrastructure in

our country. you can get an idea where the most activity is. general, could you talk us through exactly what a hacker could do if they do attack one or two or more of these private companies that supply our electricity? >> well, it depend what part of the node they get. whether they get the control system. the control system which then sends false-positives or false-negatives to folks and gives indications that aren't really true about what's going on. and that appears to be what these particular attacks are aimed at. but much of the infrastructure across the united states is in sectors. so, while it may affect many sectors, they have to go after each sector, reach series of control systems and so, i think the important thing to realize in this particular instance is the warnings are the first ones that have come out since the administration's new executive order about how to deal with cyber attacks. jenna: 85% of our critical infrastructure is through

private companies. how should we protect ourselves? how should we retaliate and who takes responsibility for that if these are private companies being attacked but with national security implications? >> those are all very good questions and we have this issue in many of our public discussions about many subjects. what you had is be the role of government with relationship to protecting either private citizens or private corporations? and in fact our legislative capability, our laws, to include our treaties have not kept up with the ability to deal with these things in a very forthright and direct manner. and that seam between private ownership and public good is what is being exploited in this particular case. jenna: well, that doesn't give us a lot of comfort. if we're hearing about these reports now and i was just reading a article in the new yorker about cybersecurity saying most hacking incidents are really not discovered for 100, 200 days

until actually they took place. so in the meantime what do we do? >> well we need to, there are a lot of common sense things and a lot of times these folks that are attacking systems it is like a burglar going down a street and if a house is heavily locked, even though he could break into it he will pick a house that's not locked just because it is an easier target. same thing happens in cyberspace. so i think the key is, the things that are most important, you invest in the most amount of resources to, and in essence force the hacker to go to an easier target. >> same "new yorker" scenario was described as mentos candy, most corporations have a hard outside shell but when you get inside it is soft and most hackers get access. you yourself, knowing what you do about the intelligence community and cybersecurity what are you preparing for, in a worst-case scenario? are you preparing for losses of electricity for several

weeks? are you preparing a major city not having its water supply? what are some scenarios that are really realistic that the average american family should consider and prepare for in the worst case? >> well i don't think we're near the worst case particularly in this instance. it is a matter we could tell and we found them and they didn't get very far into the process but we've already experienced some of these because a lot of time a power outage is the same thing as a cyber outage. in 2002 the blackouts in the northeast united states were caused because some, because some equipment, some control equipment in canada went down and lo and behold we found out a lot of our energy sources actually, you know, weren't in the united states. so, so we've had instances in these, we've had instances where satellite links have dropped the ability to process credit card transactions. we've had instances recaller this year where the banking

industry had a lot of denial of service attacks which slowed them down, caused them to spend several days dealing with emergencies, protecting fund and those kinds of things. so we have already had several instances in the course of the last couple of years that is a snapshot of what could happen. jenna: general meyer rose, thank you very much. always nice to have your expertise. this is story we'll continue to follow. it has a lot of themes we talked about today, intersection between public and private sphere and how we best protect ourselves. thank you so much for the time. >> thank you, jenna. jon: a saud i did i man, is arrested, did you hear about this, accused of lying to federal agents at the airport. what the suspect told investigators about the pressure cooker he had with him coming up in a live report. actress and activist angelina jolie goes public with a big decision. why this oscar winner chose to have major surgery.

plus what other women might learn from what she decided to do

inintroducing g the greatt weekekend sale a at hotwire.e. any y weekend hohotel stay,, anywywhere, whenen you bookk a hohotwire hot t rate. the e great weekekend ♪ hotwiwire.com >> i never thought... >> never thought in a million years... >> ...it would happen to me. >> i was always careful. >> identity theft was never on my radar. >> identity theft can happen to anyone. >> you are vulnerable. >> if you're using one of these, your information is even more vulnerable. >> i thought my credit card company would protect me. >> i was wrong. >> it's a common misperception: people think that credit card companies with their credit card fraud protection protect you from all identity theft. the truth is they don't.

credit card fraud protection only protects your individual credit card accounts, not your identity. >> announcer: every time you pull out your wallet, you give thieves a chance to steal your identity. simplyuying groceries, eating out or even just shopping online can make you a victim. and identity theft can cost you more than you realize. your bank accounts could be ained, you could lose your ability to get credit, you could even lose your home. >> the identity theft really turned my whole life upside down. >> i didn't know where to start or what to do or how to take care of all this. >> you need to take precautions to make sure that your identity is safe. >> that's why you need lifelock. lifelock offers the most comprehensive identity theft protection available, monitoring billions of data thieves before they strikety and with lifelock 24/7 proactive protection, you're alerted by text, phone or email as soon as they detect suspicious activity in their network-- before it's too late. >> you have to be proactive to protect yourself from crime.

and that's especially true of identity theft. that's why i'm a member of lifelock. >> announcer: absolutely no one can protect you better than lifelock. [♪...] order now and get this document shredder, a $29 value, free. protect yourself now with lifelock. [click click, ♪...] jon: new next hour, motor city running out of gas and some other things. the reality check from detroit's emergency manager. plus a look at the city's fate if talks with labor unions and creditores fail. o.j. simpson is back in a las vegas courtroom today hoping to convince the judge to grant him another trial after his robbery and kidnapping conviction.

why o.j. says he deserves one coming up in a live report. and the jersey shore getting a royal visit today. prince harry touring areas damaged by superstorm sandy. we're live in new jersey with the prince. jenna: chris christie is keeping him in line very close eye with a ex-federal prosecutor. jenna: right now an airline passenger is in custody after arriving in detroit, speaking detroit, on a flight from saudi arabia apparently with an a altered passport and a pressure cooker that certainly raised eyebrows. heather nauert is in the newsroom with more. heather? >> reporter: what first made this passenger suspicious to customs officers in detroit that his passport was actually missing a page all together. that raised security concerns at the airport over the weekend. then the saudi man was arrested on saturday after he landed on a plane from saudi arabia via amsterdam. according to the criminal complaint officers questioned hussein about this missing page and then after his answers, they

decided they needed to search his bag and that bag was what was carrying a pressure cooker. it is not illegal to carry a pressure cooker but law enforcement trying to remain extra vigilant from the boston marathon bombing this from a former fbi agent. >> god forbid they didn't check this out and this was a dry run and the next one was a bomb and you would be questioning the u.s. government the way they acted. >> reporter: when he was questioned by customs officers and allegedly lied and changed his story about why he was carrying the device in the bag. council on american islamic relations weighing in. >> a pressure cooker is not a sign of imminent danger and threat to the country. we understand what took place in boston but at the same time if there is no reason to believe that the man is involved in terrorism activities simply because he is coming from saudi arabia, that in of itself is not a marker. >> reporter: all these things together is what raised eyebrows, including that missing page from his

passport. a detention hearing for the man has been delayed. we'll keep watching and report back to you. jenna. jenna: sounds like a good story to watch for continuing developments. heather, thank you. jon: one of the most glamorous women in hollywood just revealed she had a double mastectomy. angelina jolie says she had a very good reason to do it. is it the right move for other women in the same situation? we'll talk about it with our medical expert. and we're awaiting a white house press briefing scheduled about 40 minutes from now, that will touch on three scandals confronting the obama administration. the ap records secretly obtained by the justice department. the ongoing benghazi case, and the irs targeting conservatives and other groups, all of the latest news out of the white house. we'll bring it to you live.

jenna: well it is a stunning revelation today from oscar-winning actress angelina jolie. in a "new york times" op-ed she writes see had ma preventative double mastectomy earlier this year after genetic testing she was at a very, very high-risk for developing breast cancer. dr. leigh vinocur is here to talk more about this. doctor, tell us about this option. who is a good candidate for this type of surgery? >> so you look at hereditary breast cancers which are really own by about five or 10% of all breast cancers caused by her red at this or in your family and, there are many different genes but two particular genes, brca 1 and brca-2 cause the preponderance of these hereditary breast canners and where the general population might have 12% risk over their lifetime of getting breast cancer people with these two gene

mutations, because the genes themselves are suppresor genes and help suppress cancer but if there is mutation in one or two genes you have an increased risk for cancer. so it goes up to over 60% for breast cancer and where there's a 14% risk of the general population getting ovarian cancer, with the brca-1 and 2 mutations have over 40% risk. and so, it really just increases your risk of getting these two cancers. she had a mother who died at a young age of ovarian cancer and it turned out that she has the gene mutation. jenna: so she was a good candidate for checking for the genetic testing because she had this family history. it was ovarian cancer. so it made sense she was able to get the blood test and get genetic testing. what about her description, doctor? she talks about being around for her children. this surgery will dramatically increase her chances she will be a live a

lot longer than if she did not take such drastic measures. what do you think about that? is that accurate? >> yeah, no, i think it is and because it is not only these women sometimes it is a difficult decision to make and you have to decide where you are in your life-style because you really should take out your ovaries too. so obviously you can't have kids. and the tubes attached to the ovaris. so you have to make this decision where you are in your life-style. but it does reduce the risk because you don't have the ovaris. you don't have the breast tissue and it reduces your risk. jenna: just real quick here, doctor, what does this tell us about genetic testing for cancer in general, not just breast cancer in this specific case but in general where we're at in the medical field about genetic testing and how it can tell us about what kind of diseases we may face in the future? >> well, obviously, jenna, we've made some great strides and advances and the people that are at risk for this brca-1, 2, have jewish

descent. they have two first degree relative, mother or sister or three second degree relatives, mothers aunts that have breast cancer. there are other genes that cause it but the majority of cases are sporadic. so if you don't have a family history of any type of disease, then genetic testing might not help you because you can get a sporadic case of it, a sporadic mutation we don't know about. even though we know about these two genes, and there are a bunch of other genes we're starting to identify associated with breast cancer, ovarian cancer. we don't know them all. jenna: i'm sorry. we're going to get cut off. great information. appreciate it as always. we'll be back with

for seeing your business in a whole new way. for seeing what cash is coming in and going out... so you can understand every angle of your cash flow- last week, this month, and even next year. for seeing your business's cash flow like never before, introducing cash flow insight powered by pnc cfo. a suite of online tools that lets you turn insight into action.

jon: high nonon the east coast. we are following brand new stories and breaking news on "happening now." another scandal rocking the white house. after it's revealed the justice department secretly obtained phone records from journalists at the associated press, a move even some democrats call trouble ing. and just when you may have forgotten about him, o.j. simpson is back in court, back in front of a camera trying to get a new trial on robbery and kidnapping convictions. why the juice says he deserves a new hearing. plus, the jersey shore getting the royal treatment today. great britain's prince harry touring areas devastated by superstorm sandy. he's there right now, and we are

live from the boardwalk. jon: but we begin with this today, new fallout from the irs scandal, i'm jon scott. jenna: wish we were on that boardwalk right now. jon: it's sunny here in the northeast. jenna: hi, everybody, i'm jenna lee, and welcome to the second hour of "happening now." certainly, a lot of people probably wish they were not in their office today, especially considering some of the scandals happening inside the white house and outside as well. that's capitol hill. the house ways and means committee is gearing up for hearings on charges that the irs unfairly targeted the tea party and other groups and that folks in washington knew about this. this investigation comes as the scandal gets worse with that revelation that maybe some of the higher-ups in washington had some sort of role, although there's a lot of questions yet unanswered which is probably why there's going to be a hearing. chief congressional correspondent mike emanuel's live on capitol hill with more for us. >> reporter: hi, jenna, yeah,

a timeline reveals that managers in the irs washington office were involved as early as april 1, 2010, that contradicts what the irs' initial story was, that this was just low-level staffers in its cincinnati office. the irs is doingf damage control today with acting commissioner steven t. miller writing in "usa today," quote: >> r eporter: here on capitol hill today senate be republican leader mitch mcconnell is not buying it. >> i'm calling on the president to make available completely and without restriction everyone, everyone who can answer the questions we have as to what's been going on at the irs, who knew about it and how high it went. >> reporter: fox news has also reported it was not just about the irs giving extra scrutiny

with groups that have tea party or patriot in their name. a pro-israel organization called z street told us yesterday about the problems it was having with the irs. >> our corporate counsel started calling the irs agent assigned to our case asking what was holding up the application. and finally in july the irs agent assigned to our file told her that we were delayed because the irs had to give special scrutiny to organizations connected to israel. >> democratic lawmakers have been critical about what they have heard, what they have read about the irs looking into these groups. we will see if they want to go a little further today after their policy lunches in the 2:00 hour or so. and, of course, we are all waiting for an inspector general's report to come out sometime this week, looking at the irs matter. jenna? jenna: a lot of details yet to

hear, mike. thank you. jon: we are live at the white house awaiting the daily briefing at the bottom of the hour. the irs scandal is sure to come up. jenna was just talking about people who might want to be out of the jersey shore today, jay carney is probably one of them. it's not the only scandal that this administration is facing right now. benghazi also very much front and center. with the president facing questions about growing controversies during a news conference yesterday. and a washington post op-ed now taking issue with the president's answers. they write, quote:

jon: and today a new scandal, this oe centering on eric holder and the justice department and accusations that that department secretly seized two months' worth of telephone records from reporters and editors at the associated press. joining us now, jonah goldberg, editor at large at "the national review," and a fox news contributor. so, jonah, i'm told that you agree in a way with the president that the talking points on benghazi is, in fact, a side show. >> yeah. in this sense, you know, everyone's talking about the talking points as if that's where barack obama got his information. he didn't get his information from the talking points, he got his information from the cia. he got his information from the state department and the pentagon. and those people told him much, much earlier that in this wasn't a spontaneous protest, this wasn't sort of a mass movie review gone awry. this was, in fact, a terrorist

attack. and yet he followed his own talking points for the next two weeks saying that this was exactly that, a big kerfuffle about a youtube video. in effect, throwing the first amendment you should the bus in the process -- under the bus in the process. while i think the talking points are important, i think that they are sort of exhibit a evidence of how the white house had politicized this agenda, the real scandal here is that the white house was hopelessly unprepared for a terrorist attack on 9/11, that it had no adequate response whatsoever to a terrorist attack leaving four americans to die, and then it lied about its nature of its response and its preparedness and the nature of the terrorist attack in order to fit a political narrative. the talking points are simply evidence to that much larger scandal. not the scandal itself. jon: does this, do all of these developments, especially the ap developments, have you wondering whether anybody, you know, at the justice department is monitoring who you're calling on the telephone right now?

is. [laughter] >> i'm not that worried about it. i do think you're right, though, about jay carney. forget wanting to go to the jersey shore, i'm sure jay carney is praying one last time for a meteor shower. [laughter] he's having a very bad time, and deservedly so, because the white house is getting all this stuff wrong. and the interesting thing about the ap story was that that was the last, that was the last constituency left for the white house to sort of anger in the last week, is even the diehards like the daily coast bloggers said that the ap story was a real scandal. they've managed to infuriate everybody now. jon: because that had to be approved at the highest levels of the justice department, probably the attorney general himself. he had to sign off on saying, yeah, it would be a really good idea to go snoop on the associated press and find out who these couple of dozen reporters and editors have been calling, especially on capitol hill. >> yeah. i mean, i've got to tell you just on the journalistic ethics front of this, i am less

scandalized by the idea of the government investigating leaks than some other people are. i think that there is no special right to commit journalism in the united states. we are all qualified to be journalists, we are all allowed. the first amendment applies to all of us, and it doesn't give us a special right to break the law. that said, having this massive sweeping intrusion into a journalistic operation is something that, as a matter of policy, governments are supposed to do only as a last resort, and it is something that bush administration would never have dreamed of doing. jon: well, mike baker who was on with us a little while ago, you know, ex-cia agent, i don't know if you heard his interview, but he said, look, they were looking for who leaked news of this al-qaeda in the arabian peninsula plot to blow up an airliner. there are not very many people at the cia or the white house who knew about this operation. and it would be much more effective to, you know, start

from the top, interview all of those people, polygraph them if you need to, and find out the information that way. why throw this broad net out there over the ap? >> oh, i agree with that. the amount of hostility that this administration has showed to the journalistic press who, like battered wives keep coming back for more, is just shocking to me. there's every reason to believe that this was an attempt to actually intimidate the press. i don't think it was necessary, and, you know, the shodden freud alone is its own reward in this story. jon: jonah goldberg, working shotten freud into an answer. jenna: good one. jon: that is a good one. [laughter] good to have you, jonah. jenna: i'm going to use that in scrabble later. as of right now, we should be clear that there's no evidence that the president was involved in these questionable moves by the irs. that is yet to be seen, and

that's why there's some hearings and questions being asked. we have seen, though, some past administrations implicated in irs scandals, and ear are a few. in 1961 president john f. kennedy jr -- john f. kennedy, pardon me, mobilized a tax industry against fundamentalist christian ministers who criticized his religion during the presidential campaign. the several so-called extremist organizations, according to this administration, eventually lost their tax-exempt be status in that overreach. twelve years later, the nixon administration was accused of pressuring the irs to deny tax-free status to the center for corporate responsibility, a federal judge eventually overturned that decision. and in 1997 a congressional committee began investigating whether the clinton administration used the irs to target conservative groups. three years later the committee concluded there was no credible evidence to support that theory, so there is some past precedent for this story, but we're going to continue to take a look at this one all the same.

o.j. simpson is back in a las vegas courtroom right now trying to convince a judge that he deserves a brand new trial. simpson already served more than four years for armed robbery and kidnapping, and now he claims he had poor legal representation, and his lawyer failed to disclose his role. his role being the lawyer's role potentially in the crime. there's a live look inside the courtroom. william la jeunesse is live in las vegas with more. william? >> reporter: love or hate o.j. simpson, jenna, he is part of our history. he is now 65 years old, older, grayer, heavier, but once again shackled inside a nevada courtroom. and unless he prevails, simpson is likely to spend the rest of his life behind bars. now, here is his claim, that this high-priced defense lawyer did such an ineffective job including denying him the right to testify that o.j. did not get a fair trial. >> i had 100% sense no doubt in

my mind that this was going to be that o.j. should testify. >> reporter: that was simpson's other lawyer, gabe grasso, who told a riveting story yesterday of a behind the scenes defense team in shambles, alleging that the lawyer failed to tell simpson prosecutors had offered him a plea deal of 2-5 years. >> yale said i'll talk to o.j. about this. >> are okay. >> and that's when another one of those down -- something happened. i don't know what he talked about, but he said he'd talk to o.j. about it. >> reporter: chance of winning this thing unless the allegations we heard yesterday are true. basically, that yale had advised and had knowledge of before and after when o.j. tried to reclaim his property from that hotel room five years ago. >> what if o.j. says that yale happened to be in the parking lot after this happened? assuming that would come out in

this testimony, we don't know. but let's assume it does. immediate conflict for yale. he's got to step out of this case. >> reporter: now, we expect five witnesses today including the ex-prosecutor's going to tell us whether or not a formal plea deal was offered or it was just something they talked about. you know, jenna, this thing could have been dismissed. the judge has listed 19 potential legal errors in this thing, and we got a real good behind the scenes look at it. o.j.'s not likely to get a new trial, but he could get time served. we should hear from him tomorrow, yale on friday. back to you. jenna: william, thank you. jon, well, as the obama administration scrambles to contain a growing scandal over benghazi, lawmakers are now calling for former secretary of state hillary clinton to return to capitol hill. why they say she should testify again and the lengths they might be willing to go to get her back in the hot seat. we are also awaiting the white house briefing at the

bottom of the hour. things are sure to get heated as press secretary jay carney fields questions on benghazi, the irs, political profiling and the justice department's media snooping. we'll bring it to you live. ♪ ♪ [ male announcer ] julia child became a famous chef at age 51.

picasso painted one of his master works at 56. doris taerbaum finished her first marathon at 50. not everyone peaks in their twenties. throughout their lives. passion keeps them realizing possibilities. an ally for real possibilities. aarp. find tools and support at aarp.org/possibilities.

over any other carrier? many choose us because we have the largest 4glte network.

others, because of our reputation for reliability. or maybe it's because we've received jd power and associates' customer service award 4x in a row. in the end, there are . but one choice. jenna: well, "happening now", calls for former secretary of state hillary clinton to return to capitol hill and answer new questions about her role in the response to the benghazi terror attack. this after three witnesses testified about what had actually happened on the ground in libya last september. republicans say they want mrs. clinton to go on the record about whether she had anything to do weed kitting these so-called talking points in the days after the attack. critics say this is an attempt to undermine a possible 2016 presidential candidate, that's all politics right now. senator john barrasso is a republican from wyoming, also the chairman of the senate republican policy committee and a member of the senate foreign relations committee. so, senator, we'll get to that

question about clinton in a moment, but first just a basic question for you. what's next? >> well, what we heard yesterday, the president made a statement, and he's trying to rewrite history, and even "the washington post" called him out on it today with regard to benghazi. the american public wants accountability, and can they want justice. that's what i hear about at home in wyoming. it has now been eight months since benghazi, and just in the last week with those new individuals coming forward we need to hear what was happening on the ground in libya, in benghazi during the attacks and how the president actually misrepresented that information afterwards. jenna: are you one of the republicans that want to hear more from former secretary of state hillary clinton? >> a number of republicans on the senate foreign relations committee have asked for additional hearings in the senate on that. i think that the former secretary of state should want to come forward and testify. but it's not just secretary of

state clinton. we want to hear from people who were on the ground in benghazi when this occurred -- jenna: and, senator, when would that happen? if you want to hear more from secretary clinton, when? >> well, i think that we ought to actually have a select committee, a bipartisan committee looking into this to get the kind of justice and the kind of accountability that the american people are looking for. there are still state department officials who are on paid leave even though they were responsible for security problems in benghazi, the terrorists who killed these brave americans, they have not been brought to justice in spite of what the president has promised the american people. and i think, you know, the president's talking about al-qaeda on the run, al-qaeda is on the rise, and we continue to see that worldwide. jenna: senator, there's been some reticence from republicans to establish a select committee which would give subpoena power that could come in useful in

taking a second look at some of what we've heard already about benghazi, so i just want to point that out to our viewers, that there has been some debate even amongst republicans about whether a select committee is something they should move forward on. do you get the sense you have enough people whether in the senate or the so? >> well, i think after the hearings last week in the house and the new revelations about actually what was happening in libya the night of the attacks from those, the charge defairs who were on the ground, i think that adds more interest to the american public wanting, again, to demand accountability and justice, and we haven't seen that yet. jenna: critics say that the republicans are playing a political game here. we heard it from the president who considers part of the folks who are criticizing the gop on this. be the republicans say they're looking for the truth here, so how in seeking the truth and potentially calling folks like secretary clinton to the hill, how do you avoid making it more

political or falling into a perception that this is a political circus that the president alleges? >> well, the president has a number of issues now that put him at odds with the american people. you see it with the irs, you see it with benghazi, you see it now with the associated press and the looking into the records there and the phone lines. all of these things, i think, are undermining the credibility of this president and this administration. the american people just want you to be straight with them, and when you continue with the drip, drip, drip of information coming out, the american people are looking for answers. jenna: i have one final question for you about how concerned you are being a member of the foreign relations committee about whether this important domestic debate is taking away from finding the people that murdered our men in benghazi. i have to take a quick commercial break. i'll come back after that, give you a chance to respond, senator, and we'll have much more on "happening now." i'm here at my house on thanksgiving day,

and i have a massive heart attack right in my driveway. the doctor put me on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. go talk to your doctor. you're not indestructible anymore.

jenna: senator barrasso's back with us, we're continuing our conversation on benghazi. in "the new york times" today, david brooks is writing about these talking points and basically says that the state department was trying to protect the intelligence community by editing these talking points to protect them because there was important work that wassing with done on the -- that was being done on the ground by the cia, and that wasn't public knowledge. so it brings us to the final question about whether or not the debate that's happening about who knew what when is overshadowing, perhaps, the important work that needs to be done on the ground overseas and whether or not we're finding and bringing to justice the people who murdered americans. >> well, you're absolutely right. the american public are looking for justice and accountability, and for two weeks, an entire two weeks after the 9/11 attacks in benghazi, the president went on univision, he went on "the

view," and he even went to the united nations and still tied this to a video and not calling it the act of terrorism that we know was actually what happened there. and i think misleading the american people as he did has set him up in a situation now where we're continuing to look for more information. people are looking for the accountability that american people expect and deserve from their president. jenna: senator barrasso, thanks for sticking with us. we always appreciate to talking with you. look forward to having you back. thank you. >> thank you. jon: the obama justice department under fire after the associated press claiming the doj seized two months' worth of telephone records for its reporters and editors. the president of the ap wrote to attorney general eric holder:

jon: white house press secretary jay carney responded to questions about this saying, quote: jon: our news watch panel now with a very unique perspective on all this. judith miller is a pulitzer prize-winning reporter, author and fox news contributor. you might recall she had her own fight when the government demanded information on her sources during the cia leak case. marvin kalb is a former network correspondent for more than three decades, also a fox news contributor, and he was personally wiretapped during the

fix son administration. fix son administration. it's great to have you both here on this very important story. marvin, is the department of justice crossing a line here? >> absolutely. there's no question in my mind that the u.s. government has an obligation, a responsibility to look into leaks to try to protect the national interest, but there are ways that you do this. when the government crosses a line, as it has done this time, it hinders its own ability to get at the truth. it loses the respect of the press, it loses the respect of the american people. the justice department made a big boo boo. jon: judy, george will had an interesting column out today. we are awaiting the news briefing from jay carney, expected to begin any minute now. although it is also expected to be late. but here's what george will had to say. he said, jay carney -- whose unenviable job is to explain away what his employers say --

calls the irs behavior inappropriate. no, using the salad fork for the entree is inappropriate. using the irs for political purposes is a criminal offense. and i'm sorry i've jumped to the irs scandal. it's sometimes hard to keep these straight in a week like this, but let's talk about that one. >> well, look, i think what we have here, and this is the problem, is beginning to be a pattern of misuse of government power. you have it with respect to the irs case, and you have it with respect to the ap. met me just walk you -- let me just walk you through a little bit about what's supposed to happen when the government wants to know who leaked information and a news organization is involved. what happens is that the government goes to that news organization and says we think that your relaters got some of -- reporters got some of this information, we want your telephone records, and then you begin a judicial proceeding. in this case the government just seized the records, and because it has to tell the news

organization within 90 days that it's done that, it finally did that on friday. this is not the way you proceed if you're not going to develop -- if you don't care about developing any relationship of confidence with the press. and since the press has bent over backwards to be nice to in this administration, it seems to me that it's the least they could have done to do the same with the ap. jon: we have so much more to talk about regarding all of this, and there is breaking news. we just learned that the attorney general has recused himself from the leak investigation related to the associated press. he will announce as much at the department of justice presser which is expected to start about 30 minutes from now. it means, according to our justice department producer, that he may not have been the one to sign the subpoena for the telephone records from the associated press. so much more to get into, and we're still awaiting jay carney who is expected to step to the microphones at any moment now.

we'll be hearing from him, but we have more questions for our news watch panel. we'll be back with that in just a moment. cer ] at jcpenney, we never stop being amazed by you. so we brought back what you loved. added new surprises. and now, you've come back to us. we're speechless. except for two little words. ♪ we're not in london, are we? no. why? apparently my debit card is. what? i know. don't worry, we have cancelled your old card. great. thank you. in addition to us monitoring your accounts for unusual activity, you could also set up free account alerts. okay. [ female announcer ] at wells fargo we're working around the clock to help protect your money and financial information. here's your temporary card.

welcome back. how was london? [ female announcer ] when people talk, great things happen.

jon: we are awaiting the daily news briefing from jay carney, the white house press spokes map. it was scheduled to start four minutes ago. it is very often late and today it may be later than ever because they are juggling a number of scandals and he'll have to respond to reporters' questions about the benghazi attacks, the irs snooping into

conservative organizations and thaeurp contributor their contributors and tax substitute tuesday and so forth. this one we are talking about with our news watch panel today, the justice department seizing phone records from the "associated press," especially those who work in washington looking for answers as to who leaked a story that was ultimately favorable to the administration but perhaps damaging to national security. once again judith miller is our guest along with marvin kalb. eric holder we have just learned has recused himself from involvement in this ap case, marvin. and apparently it's because he did testify he was interviewed when they were first looking for answers as to who leaked this information. i just want to get your thoughts on his recusal here. >> well, on the recusal itself i can't offer any terrific insight, i don't know, let's wait and see what he says.

on the overall issue i think let's not lose sight of the fact that both sides, i mean the media and the government, have clear responsibilities in the coverage of this story and what is happening. the media has the responsibility to report the news. it's going to go where it can to get the news. it's going to talk to as many people as possible. the justice department has to be very careful when it goes after the media that it's not crossing an unacceptable line that only frustrates their own efforts. what isee sprinkle is essential here is this has happened before, it happened to me during the nixon times, it happened to judy in another administration and it is happening right now, in all of these cases the government has gone too far, because it's up against the wall because it feels frightened by some external threat, with me it was the vietnam war, with judy

it was international terrorism. this goes on and on. but the government cannot go where it shouldn't go. and in this particular case it went too far. jon: the president has said that this is all political, that this is, you know, i guess his political enemies trying to make hay out of mistakes or problems within his administration. prafps it's so surprise tha rance pre bus issued a call for eric holder to resign. because he has so egregious levi lated the public trust president obama should ask for his resignation. if he does not it will become apparent that the president of the united states does not accept the role of the free president obama. jay carney is about to speak. he says, this was something that

the justice department did subpoenaing the ap telephone records. we at the white house had no knowledge of it. eric holder and president obama are about as tight as you can get in washington, aren't they? >> exactly. and i just signed jay carne find jay carney's sudden ignorance extremely convenience. when you have over a hundred journalists records being seized without notice you owe the country an explanation, and i can't wait to see how he's going to get out of this one. jon: does it make since, marvin, does it pass the smell test that the justice department would be subpoenaing these records and this story tha know, favorable to the white house, frankly, talked about how the white house was on top of terrorism in northern africa, and the white house would know nothing about it? >> no, that part of it doesn't -- doesn't sit very well with me either. but we have to be mindful of the fact that the government has a

primary responsibility to defend this country in this particular case against the threat of global terrorism. we have to remember that last year "the new york times" was reporting a story about stuxnet which is a technological virus they were trying to put into the iranian nuclear program and that was a program developed by the u.s. and israel. at that time "the new york times" found out about it and the government was trying to find out how "the new york times" found out about it. right now the government is absorbed in the same kind of an issue, the threat is the same, it's global terrorism, but how you respond to it is different. there is the similarity, however, that the media, because we're all so out there and in front is the easiest one to get. so if you're scapegoating, if you need somebody to accuse of

something wrong you go after the media. but we've got to be careful. this is not as yet proven that the government went after the ap. the government went where it shouldn't go, and the files happened to be with the ap. that was a very foolish move on its part. jon: then there is this. judy. during the bush administration, president bush and vice president cheney were responsible for everything, the conduct of the iraq war and waterboarding and everything else. this administration doesn't seem to be responsible, or isn't being held responsible for many of these erupting scandals. >> exactly. the president is outraged by the irs scandal, even though it now appears that supervisors of the people who targeted conservatives were aware that that was being done. he says he dismisses benghazi as a sideshow and politics, even though his own white house spokesman went out and misled the american people, we don't

know yet whether or not that was conscious or in add srer want or in add vert want. that is one of the questions yet to be determined. we have the government going to the "associated press," rather than doing its own investigation. the law requires the government to exhaust all other means before it goes to the reporters and news organizations and demands these kinds of records. there is no indication as yet that the government has, quote, exhausted all of the alternatives. so i go back, john, to this notion of kind of just a power that is being systematically abused by the government without the white house having any indication that it's going on. i'm sorry, i agree with marvin, it does not pass the smell test. jon: judy, we know you were up late working on your piece about all of this and we appreciate you coming in to share your thoughts with us live here at the noon hour on the east coast. judy miller, marvin kalb, both fox news contributors, thank you both and we are continuing to await that briefing from jay

carney, the man whose job i definitely wouldn't want to have today. thank you both. jenna: i bette he probably wouldn't want your job either, jon. jon: i think this job is pretty good compared to that one. jenna: i'm just thinking in the grand scheme of things. there is the white house briefing room. we could show you a different camera shot, sometimes we're limited on that. it's virtually empty right now. the press briefing was scheduled for 12 minutes as. some reporters milling around, this is typical. a lot of times this is delayed. at this point we are waiting and watching for jay carney to enter the room or give us any indication that he's going to be answering any questions today on batch of the president. also in just over 15 minutes from now we expect another press briefing at the justice department on that news that eric holder, the attorney general, has recused himself from the investigation into whether or not the justice department was appropriate in getting those emails from the "associated press." breaking news right here on the fox news channel, two press briefings ahead. we'll be right back with more "happening now." this day calls you.

to fight chronic osteoarthritis pain. to fight chronic low back pain. to take action. to take the next step. today, y will know you did something for your pain. cymbalta can help. cymbalta is a pain reliever fda-approved to manage chronic musculoskeletal pain. one non-narcotic pill a day, every day, can helpeduce this pain. tell your doctor right away if your mood worsens, you have unusual changes in mood or behavior or thoughts of suicide. anti-depressants can increase these in children, teens, and young adults. cymbalta inot for children under 18. people taking maois, linezolid or thioridazine or with uncontrolled glaucoma should not take cymbalta. taking it with nsaid pain relievers, aspirin, or blood thinners may increase bleeding risk. severe liver problems, some fatal, were reported. signs include abdominal pain and yellowing skin or eyes. tell your doctor about all your medicines, including those for migraine and while on cymbalta, call right away if you have high fever, confusion and stiff muscles or serious allergic skin reactions like blisters, peeling rash, hives, or mouth sores to address possible life-threatening conditions.

talk about your alcohol use, lir disease and before you reduce or stop cymbalta. dizziness or fainting may occur upon standing. take the next step. talk to your doctor. cymbalta can help.

jenna: here is a story you probably haven't heard a lot about, and hopefully we'll get the camera under control, there we go with a video. maybe this is part of it, jon, there are scandals happening all over the world. grim lynns in the system stpwh sis. jenna: this story has to do with the bloomberg financial and media empire taking a hit to its reputation. the financial times is reporting that bloomberg accidentally

leaked on to the internet more than 10,000 private messages sent between wall street traders and clients. it's the latest chapter in agreeing scandal involving allegations that bloomberg reporters have been using the company's terminals which are used throughout the financial world, to spy on wall street insiders. what you need to know about the terminals is that you can instant message people on them, separate from your email from your computer, that's part of why we are taking a look at this. for more on this story elizabeth mcdonnell, the camera is focused and ready to go. what is the deal with this story? >> reporter: you know you're absolutely right. this is an important story for investors who work with wall street banks. what happened was a former worker at bloomberg according to the ft put up on the internet 10,000 messages between big -- traders at big banks. we are talking goldman sachs, jpmorgan chase. morgan stanley, the likes of hsbc and dutie deutche bank.

the messages were put up a few years ago, they sat out there and only recently has bloomberg moved to take them down. they were alerted to the problem. what is in the message is very important. it was a dollar amount of certain trades. say it was a bond trade between one of the traders at the big banks and a client, that information was up there. bloombergess nobloomberg is now saying in talking to fox business that they will take legal action if merited. thethey also say this was accidental, inadvertent. the reason why there is a worker at bloomberg digging into these messages, they did it to essentially fine tune their information products that they would sell then back to wall street clients. i'll tell you something, the backlash is coming into fox business from wall street, it's pretrial tee severe. there is a lot of talk on wall street that they don't want their client inch have vester information exposed like that. they tonight like it. they want to set up their own messages system on their own

bond-trading platform. this is chapter two in an unfolding scandal at bloomberg. the first chapter was bloomberg reporters found to be snooping onto the users of their terminals. we've got the bank of japan, germany's central bank, the federal reserve here in the united states. the ecb in europe all weighing in saying they are concerned about what is happening at bloomberg. i'll give it back to you. jenna: that just shows how pervasive the use of the bloomberg terminals are with worldwide reaction. it is the central terminal for so many different folks involved in the financial sector. more on the story as we get it. thank you. jon: presidential spokesman jay carney has his hands full today explaining three big stories to the press. why was our justice department seizing, or are going after the telephone records of "associated press" reporters and ed today toerand editors on capitol hill. their personal phones and cellphones as well as office phones.

the benghazi attacks and the aftermath and the irs taking special looks at conservative groups and those who wanted information about the constitution. all those questions to be answered when jay carney steps to the microphone coming up. inintroducing g the greatt weekekend sale a at hotwire.e.

any y weekend hohotel stay,, anywywhere, whenen you bookk a hohotwire hot t rate. the e great weekekend ♪ hotwiwire.com

jenna: right now hundreds of thousands half government employees about to get some time off that they didn't exactly want to have. the defense department expected to announce it will furlough 800,000 civilian workers because of massive budget cuts. molly henneberg is live at the pentagon with more on this. >> reporter: the civilian defense furloughs are really a work in progress but they could potentially effect up to 800,000 people. military officials say, though, that the way these furloughs will be implemented, that is still being refined. we do expect to get some of those details later today from defense secretary chuck hagel. he's likely to say that the

civilian workers will be furloughed for 0111 days, that is key, 11 days for fewer before the end of the fiscal year on september 30th. while that is not welcome news for those workers who don't want to lose those days of pay the original man was for 22 days of furlough. and then it became 14 days, and now 11. after congress gave the pentagon more flexibility in finding ways to cut billions of dollars due to sequestration. already one republican member of congress, though, says it never should have come to this. ohio republican mike turner said in a statement, quote, today's announcement is exactly why i voted against see questions request tracing. it will severely impact hard-working civilian dod, the department of defense employees, and put further strain on our communities. now we're also waiting for more details from the pentagon on exactly how the furloughs will be divied up among the military branches. there's been a lot of debate about that. jenna. jenna: we'll continue to watch that story. thank you. jon: and we are continuing to

watch the podium in the brady briefing room in the white house there, waiting for jay carney to emerge, binder in hand, to talk to the press about three big stories railing the administration. you know what they are. you'll hear from jay carney when he decides to step up to the podium, we'll have it for you live. can febreze eliminate even the toughest odors? to find out we filled this car with smelly trash, ...e p, and let in real people. ...

like clean laundry. like driving through beautiful tropical... palm trees with like fruit hanging. i wish my car smelled like this. [ both laugh ] i could sit in this all day. [ laughs ] proof. febreze car vent clips eliminate even the toughest odors. another way febreze helps you breathe happy. ...

...

well you know we don't do a lot of hockey stories but they are still celebrating in boston

because last night it was history on ice. bruins first game to come back from a three goal deficit and they did it in spectacular fashion. toronto had a lead and with more than a minute to go there was this in regulation. >> one-timer, save rebounder. he scores! and 53 seconds to go. bertrand gets it! >> six minutes into overtime. the deal is sealed. celebrations in the streets of boston. stunned silence in toronto. bruins face the rangers in round two and boston has had a rough month. >> jenna: look at that. tell everybody how awesome the

boston bruins are. >> jon: beloved producer is prosecute boston that is why you get these stories, okay? >> jenna: it was well deserved. >> jon: thanks for joining us. >> jenna: america live starts right now. >> megyn: fox news alert. what a busy afternoon we have for you. the convergence of three political controversies now strange the credibility of our very government. welcome, i'm megyn kelly. a look at the white house where jay carney is expected to brief reporters at any moment. if you didn't see friday afternoon his last briefing. you may be in for a shoshg when you see a different looking and sounding press corps taking on the white house in the wake of these three major stories. we expect him to take questions on those stories including number one, that the irs has now